Excessive heat disrupts daily operations. With heatwaves becoming a regular fixture of British summer, more and more people are asking if it is too hot to work. For employers, the answer isn’t always clear because the law currently sets only minimum standards, leaving a dangerous gap in maximum temperature regulations.
The Workplace (Health, Safety and Welfare) Regulations 1992 state that the minimum temperature for an indoor workplace is 13 degrees for active work and 16 degrees for non-active work. However, a maximum temperature has not been set by law. The Climate Change Committee has recently reported that the UK needs to adapt to this issue and introduce a maximum working temperature.
John Kushnick, legal director of National Accident Helpline, suggests that a workplace over 28 degrees would be too hot to safely work in. As anybody in a workspace will know, “reasonable” is open to interpretation, so it helps to check if employees are comfortable.
The Health and Safety at Work Act 1974 and the Workplace (Health, Safety, and Welfare) Regulations of 1992 (regulations 6 and 7) state that you should provide fresh purified air. That could be through opening windows, bringing in plants to improve air quality, freestanding fans or by air conditioning. Just to be clear, you’re not legally required to provide air conditioning, as older buildings are often not equipped with it.
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What should employers do?
Allow flexible working. If it’s possible, allow staff to work earlier in the morning or later into the evening to avoid the hottest parts of the day. This simple adjustment can significantly reduce exposure to dangerous heat levels.
Relax the dress code. Even relaxing rules on wearing ties and suits could make a difference. The physical discomfort of heavy clothing in high temperatures often leads to decreased productivity and increased fatigue.
Make extra allowances for those with health issues. Some of your staff may have more difficulty with the heat, especially if they have skin, heart or respiratory issues. Be conscious of staff members who are pregnant, too, as they may be feeling more uncomfortable in the hot weather.
In this instance, these individuals may need to complete an individual risk assessment, take additional breaks, be allowed to work from home, and have work shifts during cooler times of the day, according to Michelle Taylor, health, safety and fire service director at Citation.
Encourage staff to drink plenty of water and take breaks. Again, this is especially true of outdoor and/or service jobs. If you don’t have one already, offer a (preferably chilled) hydration point or give out water.
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Rotate roles. For those working outside, James Muller, principal associate in Weightmans’ health and safety team, suggests rotating roles that have a lot of sun or heat exposure to keep workers safe.
Can workers refuse to work?
Employees generally cannot refuse to work if it is just hot. They must remain at their post unless they feel unwell, and even then they would need to take it as sick leave. However, if extreme heat poses a risk to health and safety, employers must take appropriate actions, which could include sending employees home.
If employees are able and equipped to work from home (or another workplace), that should be straightforward. If an employee is not able to work in an alternative cooler location, in many cases, they will still be entitled to be paid as they are ready and willing to work, but it will depend on the exact circumstances, the terms of the employment contract and the employer’s policies.
You could be in legal trouble if your workplace leads to staff illness or injury in the heat, so take what action you can. Muller said that if an employer fails to meet this responsibility, they would face enforcement action (including potential criminal prosecution) from the Health and Safety Executive or local authority. Employees might also be able to claim personal injury compensation if they become ill or injured as a result.
